April 29, 2004

ACLU Suing FBI over Patriot Act

So apparently the ACLU is suing the FBI. The matter contested is a provision of the USA Patriot Act allowing law enforcement to use "National Security Letters" to obtain information about individuals from ISPs and so forth without any judicial oversight when investigating terrorism or espionage. Besides lack of judicial oversight, there are three big problems with the Patriot Act's modification to the National Security Letter law. First, there is a strict "gag order," so that after your ISP releases information on all the web-sites you've visited and comments you've posted and so forth they can be prosecuted if they tell you they have done so - ever. Second, as a result of this, there is no way to challenge the letter, as there would be in a normal subpoena. Third, there is no requirement that the individual whose information is requested actually be suspected of terrorism or espionage, there merely has to be some terrorism or espionage investigation going on that is somehow related, however tenuously. Wow, isn't it great to live in a free country with constitutional protection against "unreasonable search and seizure"? Well, MAYBE the ACLU will win the lawsuit, and MAYBE Congress will not listen to Bush (who, by the way, by conducting himself in this manner with regard to this issue, has lost any chance he had at getting my vote) and will let Patriot "sunset". MAYBE someone somewhere has some sense. I kind of doubt it, don't you?

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Comments

Can a citizen sue the FBI, County Police, State Police, and PTO over misuse of the Patriotic Act? The local school District has used its connections to have me declared as a terrorist. This occurred after I made a beef over the school cheated my child out of a grade. I was warned by a school board member that he would hate to see me under investigation for terrorist activities. Is this the Bush�s America?

I am not a lawyer, but I think you do have standing to sue if you suspect that someone has used these law enforcement tools against you illegally. The problem is that the Patriot Act (and other similar legislation) make most of these abuses legal. I would talk to the ACLU if I were you, as they should know and probably won't charge you for advice, or representation if they determine that you have a case.